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Showing 169–192 of 595 articles for “tro”

Corporate Control vs Government Sequestration: Defining Jurisdiction in Intra-Corporate Disputes

When a sequestered corporation faces an intra-corporate dispute, which court has jurisdiction? The Supreme Court clarifies the rules.

Delayed Justice Determining Fair Compensation FOR Government Land Seizure

When the government takes property without expropriation, what value controls? The Supreme Court clarifies the rule on just compensation.

Employer-Employee Relationship: The Control Test and SSS Coverage for Farm Workers

When does a farm worker become a regular employee entitled to SSS coverage? The Supreme Court explains the control test and its implications.

Habeas Corpus and Libel: Limits of Retroactive Application of Favorable Penalties

When can a convict seek habeas corpus and demand retroactive application of a favorable penalty rule? The Supreme Court clarifies.

Security of Tenure and CES Appointments: Lessons from De Castro v. Carlos

Explaining when a government position belongs to the Career Executive Service and what security of tenure really means for presidential appointees.

Local Autonomy vs State Control: DENR's Authority Over Small-Scale Mining Permits

The Supreme Court upholds DENR's power to review and cancel small-scale mining permits issued by provincial governors, clarifying limits of local autonomy.

Ballot Image Integrity and Electronic Evidence in Philippine Election Protests

Supreme Court ruling on ballot images as electronic evidence in election protests under RA 9369 and the Rules on Electronic Evidence.

Ballot Images in Electoral Protests: The Evidentiary Value of Electronic Evidence

The Supreme Court held that scanned ballot images are the functional equivalent of original paper ballots in electoral protests under the Rules on Electronic Evidence.

Demand Letters as Evidence in Lease Disputes: Castro v. Palenzuela

A lessee's own evidence can cap rental liability. Learn the rule from Castro v. Palenzuela.

Contempt of Court: Interpreting Restraining Orders and the Limits of Enforcement

The Supreme Court clarifies when a TRO binds government agencies and what acts constitute contempt in agrarian reform cases.

Claims Against a Deceased's Estate: Quasi-Contracts and Rule 86 Explained

When must a claim against a deceased person's estate be filed in estate settlement proceedings? The Supreme Court clarifies in Metrobank v. Absolute Management.

Reconstitution of Title: The Critical Requirements of Loss and Good Faith

Philippine Supreme Court clarifies strict requirements for judicial reconstitution of lost or destroyed Torrens titles under RA 26.

Redundancy Programs Balancing Business Needs AND Employee Rights IN THE Philippines

Understand Philippine redundancy rules through Morales v. Metrobank: valid termination requires good faith, fair criteria, proper notice, and separation pay.

When Election Irregularities Meet Mootness: Annulment of Proclamation and the Imperative of an Actual Controve

Explore Quiño v. COMELEC, where the Supreme Court dismissed an election case as moot after a re-canvass, explaining why actual controversies matter.

Bigamy Despite Annulment: Understanding Retroactive Effects and Marital Status

A sheriff's affair leads to suspension, clarifying how annulment petitions do not erase marital obligations or authorize new relationships.

Rape Conviction Stands: How Courts Weigh Inconsistencies in Victim Testimony

Supreme Court affirms rape conviction, explaining why minor inconsistencies in a victim's testimony do not destroy credibility.

Defining Capital: Filipino Control of Public Utilities Under the Constitution

The Supreme Court clarifies that mean in the Constitution's requirement that public utilities be at least 60% Filipino-owned? The answer—that "capital" refers to voting stock, not all outstanding shar

Regular Employment vs Consultancy: Defining the Line in Illegal Dismissal Cases

A consultant labeled regular employee: how control and supervision define employment status in illegal dismissal cases under Philippine law.

Presidential Control vs Agency Autonomy: Disallowed Incentive Awards Without Approval

When can the President override an agency's incentive program? The Supreme Court explains the limits of agency autonomy under presidential control.

Defining Manager Expands Sandiganbayan Jurisdiction Over Graft Cases Involving Government Owned Corporations

Supreme Court clarifies that narrowly, citing a dictionary definition that referred to one who has charge of a corporation and control of its businesses or branch establishments. The Supreme Court, ho

Defining the Power of Control in Labor Disputes: The Legend Hotel Case

When is a hotel pianist an employee, not an independent talent? The Supreme Court clarifies the control test in illegal dismissal cases.

Mortgage Validity Upholding Security Interests Amid Corporate Disputes in Metrobank vs Centro Development Corp

Supreme Court clarifies when a mortgage over corporate assets is valid, and when foreclosure exceeds the secured amount.

Court Employees and Financial Obligations: Ethics Beyond the Courtroom

A Supreme Court ruling reminds court employees that personal debts and conduct reflect on the judiciary's integrity and honor.

Excise Tax on Petroleum: Who Bears the Burden When International Carriers Are Involved

The Supreme Court rules oil companies cannot claim refunds for excise taxes on petroleum sold to international carriers—the exemption belongs to the buyers, not sellers.